Mindex (of Norway) wants to set up a Nickel Cobalt Mine in Mindoro Island. This will trample on the rights of the indigenous Mangyan people in the island, as well as damage the fishing grounds in the area. The Philippine Indigenous Peoples Links is calling for letters addressed to the Philippines' Department of Environment and Natural Resources (DENR) appealing for it not to issue an environment clearance certificate (ECC) to Mindex.

PHILIPPINE INDIGENOUS PEOPLES LINKS
111 Faringdon Rd.,
Stanford in the Vale
Oxfordshire
SN7 8LD Britain
phone 44 (0)1367 718889
Fax 44 1367 718568

Following are two possible texts for the letter to the DENR.

The Honourable Antonio Cerilles Secretary
Department of Environment and Natural Resources
Visayas Avenue
Quezon City
Metro Manila
Philippines

Dear Secretary Cerilles,

We write to express our grave concern at reports from Mindoro of the planned development of a Nickel Cobalt mining project by the Norwegian mining company Mindex. We appeal to you not to grant an ECC to this project at this time.

We do this as a matter of urgency and on the following grounds:

1. The project will violate the lands and rights of Mangyan indigenous peoples in several communities. This would be a human rights violation in breach of Mangyan customary law and rights and in breach of recognised international law. These indigenous rights have, as you know, also now gained welcome recognition in the Philippine Constitution and Philippine Law including the Indigenous Peoples Rights Act (1997)and the Philippine Mining Code (1995).

2. Indigenous communities have the right, under the provisions of these and other laws to be informed and consulted on projects affecting their land. There is recognition of their right to veto projects which through their indigenous structures they find unacceptable or unwanted. According to reliable reports the consultative process adopted by Mindex both for indigenous and lowland communities in this case has been grossly inadequate. In addition among those Mangyan and lowlanders who do know of the project there is concern that their clearly expressed views of opposition have been misrepresented to the authorities as acceptance. This is a grave accusation levelled by respected groups and which, in our view, requires close examined.

3. There are many potentially grave social and environmental impacts of this project on what is the predominantly farming and fishing region of Mindoro. We fear that these problems have neither been adequately represented nor discussed with affected communities. It is alarming and unacceptable to us that Rescan are acting as consultants on this project. Many view this as a company that is discredited in the Philippines and elsewhere for, according to former Undersecretary at the DENR Delfin Ganapin, it's key role in proposing the tailings management system at Marcopper that led to the 1996 tailings disaster, and its involvement in a similar role at the Omai mine in Guyana where a tailings dam collapsed leaking cyanide contaminate water in to the country's main river system.

4. The recent deep concern and urgency on this issue manifest by a wide range of local organisations and officials in Mindoro is a clear indication of the need for further consideration of the project before granting any further rights to the company. We share the view expressed in Philippine Law, that it is vital prior to proceeding with any such project that it be locally acceptable and that its methods are proven safe to the satisfaction of the affected communities. To date this is clearly not the case with the Mindex project. For example the submarine tailings disposal suggested by Rescan and projected as in use in other countries including Canada and Chile has in fact been banned now in both those countries. Critics in Mindoro believe this experimental process should not be applied to such a critical fishing ground in the Philippines. Company claims for other aspects of their management plan are also open to question.

We call on you not to grant an ECC or any further authorisation to Mindex at the present time and instead use your good offices to encourage and require further dialogue based on sufficient and independent information about both the benefits and dangers of this project for local livelihoods and basic rights..

Yours sincerely

The Honourable Antonio H. Cerilles
Secretary
Department of Environment and Natural Resources
Visayas Avenue
Quezon City
Metro Manila,
Philippines

Dear Secretary Cerilles

We write to express our grave concern over the planned development of a Nickel Cobalt mining project by the Norwegian mining company Mindex. We appeal to you not to grant an Environmental Clearance Certificate(ECC) or other authorisation to this project at the present time.

Our appeal is based on the concerns of affected Mangyan communities in the area to be mined by strip mining methods.

1. Mangyan communities have long standing rights in the area which we understand to have been recognised by the Philippine government. Indigenous rights which are long recognised in international law are, as you know, now also recognised in the Philippine Constitution and Philippine laws including the Indigenous Peoples Rights Act (1997) and the Philippine Mining Code (1995).

2. Indigenous communities have the right, recognised under the provisions of these and other laws to be well informed and consulted on projects affecting their land. There is recognition of their right to veto projects which they find unacceptable or unwanted. According to reliable reports the consultative process adopted by Mindex in Mangyan areas has been inadequate. Many remain unaware of the plans. .Among those Mangyan who do know of the project there is widespread opposition to it's progress. It is feared however that this opposition is being represented to the authorities as acceptance. This is a serious accusation which therefore requires investigation before any licence can be granted.

3. There are many potentially grave social and environmental impacts of this project . We are concerned that these dangers have not yet been adequately presented to the affected communities who we understand have no previous experience of mining. I am sure you will agree that this is an unsatisfactory situation.

We appeal to you not to grant an ECC or any further authorisation to Mindex at the present time over lands which are by right and the provisions of law the ancestral domain of the Mangyan.

Yours sincerely